New York's top court rejects challenge to Voting Rights Act

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In today’s CapCon:

• The Court of Appeals, New York’s highest state court, on Thursday rejected a challenge to the New York Voting Rights Act.

• With federal funding still not here, Assembly Energy Chair Didi Barrett wants Hochul to use state funds to pay for HEAP.

• Robert Smullen became the first Republican Thursday to announce a run for U.S. Rep. Elise Stefanik’s seat in Congress.

• A Republican candidate for state comptroller has now emerged.

• New York is seeking public comment on regulations to implement tighter caps on carbon dioxide emissions decided by a regional state initiative.

Names in today’s CapCon: Rowan Wilson, Didi Barrett, Kathy Hochul, Robert Smullen, Elise Stefanik, Joe Pinion, Anthony Constantino, Joseph Hernandez, Tom DiNapoli, Drew Warshaw, Bobby Carroll

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Tell Governor Hochul to sign the Legislature’s repeal of the 100-foot rule. New Yorkers shouldn’t have to subsidize new gas hookups. End this outdated giveaway and cut costs for families. — Food & Water Watch

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Chief Judge Rowan Wilson (Lori Van Buren/Times Union)

⚖️ Court of Appeals rejects town’s challenge to New York Voting Rights Act

It’s been nearly a year since the Appellate Division, Second Department of the state Supreme Court reinstated the New York Voting Rights Act.

The law had been struck down by a judge of the state Supreme Court, who sided against residents who had sued the town of Newburgh in Orange County over its at-large election system.

That kind of system doesn’t have individual districts. Instead, all voters in a municipality choose multiple people on the ballot for a certain number of positions.

In this case, it was the town board in Newburgh. All voters in the town choose the board’s members instead of having a district-by-district election.

The residents who sued the town alleged that it was violating the provisions of the New York Voting Rights Act because, according to them, the at-large system diluted the vote of Black and Hispanic residents. All of the board’s members are white.

In other words, they argued that minority voters don’t have the power to choose the candidates they want because they’re always outvoted by the rest of the town.

A judge of the state Supreme Court dismissed the lawsuit after the town argued against the law’s constitutionality in a motion. The appellate court reversed that decision.

That case made its way to the state Court of Appeals, New York’s highest court, which handed down its decision Thursday.

It’s more straightforward than you might think. It doesn’t focus on the New York Voting Rights Act. The decision instead hinges on judicial precedent.